    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book III)]
    [October 13, 2004]
    [Pages 2504-2505]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Military Construction Appropriations and
    Emergency Hurricane Supplemental Appropriations Act, 2005
    October 13, 2004

        Today, I have signed into law H.R. 4837, the ``Military Construction
    Appropriations and Emergency Hurricane Supplemental Appropriations Act,
    2005.'' This Act provides funding for construction to support the
    operations of the U.S. Armed Forces and for military family housing. The
    Act also provides the funds I requested to help citizens in Florida and
    elsewhere rebuild their lives in the aftermath of multiple hurricanes
    and other natural disasters.
        Sections 107, 110, 113, 118, and 303 of the Act provide for notice
    to the Congress of relocation of activities between military
    installations, initiation of a new installation abroad, U.S. military
    exercises involving $100,000 in construction costs, specific actions to
    encourage foreign nations to assume a greater share of the common
    defense burden, and initiation of certain types of programs. The Supreme
    Court of the United States has stated that the President's authority to
    classify and control access to information bearing on national security
    flows from the Constitution and does not depend upon a legislative grant
    of authority. Although notice can be provided in most situations as a
    matter of comity, situations may arise, especially in wartime, in which
    the President must act promptly under his constitutional grants of
    executive power and authority as Commander in Chief while protecting
    sensitive national security information. The executive branch shall
    construe these sections in a manner consistent with the constitutional
    authority of the President.
        Section 128 of the Act purports to require Department of Defense
    officials to respond in writing within 21 days to any question or
    inquiry from the congressional military construction appropriations
    subcommittees. The executive branch shall construe section 128 in a
    manner consistent with the President's constitutional authority to
    supervise the unitary executive branch and to withhold information the
    disclosure of which could impair foreign relations, the national
    security, the deliberative processes of the Executive, or the
    performance of the Executive's constitutional duties.
        The executive branch shall construe section 110(d)(2) of the Alaska
    Natural Gas Pipeline Act as contained in Division C of the Act, relating
    to submission of legislative recommendations, in a manner consistent
    with the President's exclusive constitutional authority to recommend for
    the consideration of the Congress such measures as the President judges
    necessary and expedient.

                                                              George W. Bush

     The White House,

     October 13, 2004.

    Note: H.R. 4837, approved October 13, was assigned Public Law No. 108-
    324. This statement was released by the Office of the Press Secretary on
    October 14.

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